Conservatives Go After Sotomayor For 'Policy' Quote

Conservatives are jumping on Sonia Sotomayor's 2005 comment that appeals courts are "where policy is made." American Future Fund criticized Sotomayor for the comment in a statement this morning and posted a video of Sotomayor making it to a new website.

"AFF is strongly against judicial activists creating law from the bench," the group said in a press release, characterizing Sotomayor's remark, made during a panel discussion at Duke University in 2005, as "flippant."

Judicial Confirmation Network, a conservative group that focuses on judicial nominees, made reference to the quote in a statement this morning condemning Sotomayor's nomination, alleging that Sotomayor "thinks that judges should dictate policy." Conservative bloggers have focused on it as well: The Weekly Standard,, and NewsBusters have all featured posts on the comment this morning.

During the panel discussion, Sotomayor said: "All of the legal defense funds out there, they're looking for people with court of appeals experience, because it is--court of appeals is where policy is made.

"And I know, and I know this is on tape and I should never say that, 'cause we don't make law--I know. [Audience laughter] Okay, I know, I know. I'm not promoting it, and I'm not advocating it, I'm, you know..."

See a video of the comment (the version posted by American Future Fund) below: